PRIVACY AND DATA PROTECTION POLICY
THIS PRIVACY AND DATA PROTECTION POLICY (THE “POLICY”) SHOULD BE READ CAREFULLY BEFORE USING THE SAFEFIT APP
1. APP
1.1. Safefit (the “App”) is an App operated by Safefit Tech FZE, a company registered in the Dubai Silicon Oasis Authority (DSO), Dubai, United Arab Emirates under License No. 4533 (the “Company”).
1.2. The App is an online fitness platform, which provides access to private training spaces and individual training sessions (the “Services”), in compliance with structure schemes and protection requirements defined by the Company.
1.3. The Policy describes how the Company processes your (the “Customer”) personal information, without limitation, any photos, written content, any identifiable information inputted or uploaded by the Customer in the App processed or made available as a direct result of use of the Services (the “Data”), uses and discloses the Customer’s Data, and the steps the Company takes to protect the Data on the internet site at the domain safefitstudios.com (the “Website”) and the App.
1.4. The Policy is incorporated into and is subject to the Terms and Conditions of Use (the or these “T&C”).
1.5. By using the App, the Customer explicitly agrees to accept the Policy and comply with all such terms and conditions. For the avoidance of doubt the term “use” includes, without limitation, downloading, accessing or registering to use the App.
1.6. If the Customer does not agree to the Policy, the Customer must not download, access or use the App.
1. COLLECTION AND USE OF THE DATA
The Customer directly provides the Company with the Data when the Customer uses the Website, Services, and interacts with the Company by, for example, registering in the App and contacting the Company for support.
The Company collects the Data from the Customer, through interactions for a variety of purposes described below, including to operate effectively and provide the Customer with the best experiences of the Services. The Customer provides some of the Data directly, when creating an account. The Company may also obtain the Data by recording how the Customer interacts with the App, Website or Services. As permitted by law, the Company may also obtain the Data from public and commercial third-party sources, for example, purchasing statistics from other companies to support the Services that may include:
- Publicly available sources, such as open government databases;
- Communication services, including email providers and social networks, when the Customer gives to the Company permission to access the Data on such third-party services or networks;
- Third parties statistics from other companies to support the Services.
The Company relies on a variety of legal reasons and permissions to process the Data and compliance with legal obligations. The Company may disclose the Data if required to do so by law or in the good-faith belief that such action is necessary to comply with local and federal laws of the United Arab Emirates (the “UAE Laws”), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
The Company also reserves the right to disclose the Data that the Company believes, in good faith, is appropriate or necessary to take precautions against liability, to protect the Company and others from, including, without limitation, fraudulent, abusive, or unlawful uses or activity, to investigate and defend the Company against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the App, or to protect the rights, or safety of the Company, the Customer, or any third parties.
The Data the Company collects depends on the context of the Customer interactions with the Services and the choices the Customer makes, including, without limitation, privacy settings, features and location the Customer use.
1.1. The Company limits the collection the Data
The Data is an integral part of the Company operations, and the Company uses it in a variety of ways in providing the Services and operating the App. The Company may use the Data for the following purposes to:
- create an account;
- maintain, operate, and provide the Customer with the Services;
- personalize and better tailor the features, performance and support of the App;
- fulfil the Customer transaction, including, without limitation, the Services requests;
- send administrative notifications, such as security or installation of and updates of the App;
- respond to inquiries;
- send market surveys, satisfaction surveys, marketing or other information;
- provide with opportunities and functionality that the Company believes would be of particular interest to the Customer;
- analyse, benchmark and conduct research on the Customer Data and interactions with the App;
- synchronize, share, and store uploaded or downloaded Data and the Data needed for the uploading and downloading;
- comply with and enforce all applicable laws and regulations (the “Data Protection Laws”) and the Policy;
- address intellectual property infringement, right of privacy violations or defamation issues related to the Customer’s content posted in the App or to send promotional messages related to the Services and the third-parties activities the Company works with.
1.2. The Data collected may include the following:
- Name and contact
First and last name, email address, postal address, phone number, and other similar Data of the Customer.
- Credentials
Passwords, password hints, and similar security Data used for authentication and account access.
- Demographic
The Data about the Customer, such as age, gender, country, and preferred language.
- Payment
The Data to process payments, such as payment instrument number, credit card number, and the security code associated with payment instrument.
- Licensing and subscription
The Data about subscriptions, licenses, and other entitlements.
- Interactions
The Data about use of the App and Services. In some cases, such as search queries, it is the Data the Customer provides in order to make use of the Services. In other cases, such as error reports, it is the Data the Company generates. The Data about the device of the Customer, the Services and features the Customer uses, including, without limitation, the Data about hardware and software, how the Company performs the Services, as well as settings. For example:
- Account and Payment history (The Data about purchases and activities associated with the Customer account);
- Browse history (The Data about the pages visited in the App);
- Device, Connectivity, and configuration (The Data about device, device configuration, and nearby networks, IP address, regional and language settings);
- Performance and error reports (The Data about the performance of the Services and any problems the Customer experiences, including error reports. Error reports can include details of the software or hardware related to an error);
- Help (The Data provided by the Customer when contacting the Company for help, such as the Services, and other details that help the Company provide support. When the Customer contacts the Company, such as for support, phone conversations or chat sessions with representatives may be monitored and recorded);
- Interests and favourites (The Data about interests and favourites);
- Searches and commands (Search queries and commands while using the App);
- Other Input (Other inputs provided while using the App);
- Content (Content of files and communications of the Customer inputs).
Processing of the Data for these purposes includes both automated and manual methods of processing. The Company’s automated methods often are related to and supported by manual methods.
2. COOKIES AND SIMILAR TECHNOLOGIES
A cookies is a text file stored by a server on a device (the “Cookies”). The content of the Cookies can be retrieved or read only by the server that creates the Cookies. The Data often consists of a line of, including, without limitation, identifiers, site names, numbers and characters that uniquely identifies the App, but it can contain the other Data as well.
The Company uses the Cookies and similar technologies to improve experience. Also, the Company uses the Cookies to enable the Customer to sign-in, store and honour preferences and interest-based advertising, analyse how the App performs, combat fraud, and comply with other legitimate purposes.
The Cookies allow the Website to remember settings such as language, or other preferences.
Use of the Cookies and similar technologies
The Company uses the Cookies and similar technologies for several purposes, depending on the context or product, including:
- Sign-in and verification.
The Company uses the Cookies to verify the Customer. When the Customer signs in the App, using the Data, the Company stores a unique ID number, and the time the Customer signed in, in an encrypted the Cookies on the Customer’s device. The Cookies allows the Customer to move from page to page without having to sign in again on each page. The Customer can also save sign-in Data.
- Security.
The Company uses the Cookies to process the Data that helps the Company secure the Customer.
- Storing settings and preferences.
The Company uses the Cookies to store preferences and settings on the Customer device. Saving preferences with the Cookies, including, without limitation, preferred language, prevents the Customer from having to set preferences repeatedly.
- Feedback
The Company uses the Cookies to enable the Customer to provide feedback.
- Storing the Data, the Customer provides in the App
When the Customer provides the Data to the Company, including, without limitation, membership plan, the Company stores the Data in the Cookies for the purpose of remembering the Data. The Company uses the Cookies to remember the shared Data.
- Performance
The Company uses the Cookies to understand and improve how the Services are performed. For example, the Company uses the Cookies to gather the Data that helps with load balancing.
- Interest-based advertising
The Company uses the Cookies to identify interests of the Customer and collect the Data about online activity so that the Company can provide advertising that is most relevant to the Customer.
- Analytics
The Company uses the Cookies to count the number of unique visitors of the App and develop other statistics about the operations of the App.
The above-mentioned list is not exhaustive, but it is intended to illustrate the primary purposes for which the Company usually sets the Cookies.
3. HOW TO CONTROL THE COOKIES
The Customer may block or delete the Cookies by selecting [•] > [•]> [•]> Cookies. For more information about how to delete the Cookies in the App, please contact the Company’s specialist via following email [•]. If the Customer uses a different browser, refer to that browser’s instructions.
Where required, the Company obtains consent of the Customer before placing the optional Cookies that are not for the purpose of facilitating a communication or strictly necessary to provide the Services. The Company separates these optional Cookies by purpose, such as for advertising and social media purposes. The Customer may consent to certain categories of the optional Cookies. The Customer also may adjust choices by clicking “[•]” or through the settings made available in the App.
Certain features of the App depend on the Cookies. If the Customer chooses to block the Cookies, the Customer cannot sign in or use some of those features, and preferences that depend on the Cookies. If the Customer chooses to delete the Cookies, any settings and preferences controlled by the Cookies, including advertising preferences, are deleted and will need to be recreated.
4. USE OF WEB BEACONS AND ANALYTICS FOR THE SERVICES
In addition to the Cookies, the Company may also use other similar technologies in the App, including, without limitation, a transparent graphic image embedded in the Website or email (the “Web Beacons”). It helps the Company to, for example, develop statistics on how often clicking on an advertisement in the App. It also allows the Company to understand the activity in the App in connection with the Services that the Customer uses. The Company uses pixel tags in emails to find out whether an email has been opened.
Finally, the Company Services often contain Web Beacons or analogous technologies from third-party analytics providers, which help the Company gather aggregated statistics about the effectiveness of promotional campaigns or other operations. These technologies enable the analytics providers to set or read own Cookies or other identifiers on the Customer’s device, through which they can collect the Data about online activities across the App, Website, or other Services.
Other similar technologies
By using the App, the Customer consents to the use of the Cookies, Web Beacons and other similar technologies as described above.
In addition to the standard Cookies and Web Beacons, the Company can also use other technologies to store and read the Data files. It is done to maintain preferences of the Customer or to improve speed and performance by storing certain files locally. But, like the standard Cookies, these technologies can also store a unique identifier for device of the Customer, which can then track behaviour.
5. DISCLOSURE OF THE DATA
The Company shares the Data with any other third party, as described in the Policy, when services are provided by the third-party authorized by the Company (the “Partners”). The Company may share the Data with the Company Partners as may be required.
To comply with the Data Protection Laws or respond to valid legal procedures, the Company may also disclose the Data to law enforcement or other government authorities. If the Company is involved, including, without limitation, in a restructuring, merger, acquisition, or a bankruptcy or liquidation lawsuit, the Data may be disclosed in connection with the same. The Company may also disclose the Data when appropriate, for example, to execute the Policy, when the Company believes disclosure is necessary or appropriate to prevent physical harm or financial loss, or when it is in connection with an investigation of suspected or actual illegal activity.
The Company may share the Data with the consent of the Customer or to complete any transaction or provide any product the Customer has requested or authorized via the App. The Company may also share the Data with any other party, the Partners, vendors working on behalf of the Company, when required by law or to respond to legal process, to protect the Customer, to protect lives, to maintain the security of the Services and the App, and to protect the rights of the Company and the Customer.
6. SECURITY OF THE DATA
The Company uses appropriate physical, management, and technical measures to protect the Data from unauthorized access, disclosure, use, modification, damage, or loss. For example, the Company uses cryptographic technologies for the Data confidentiality, protection mechanisms to prevent attacks, and access control mechanisms to permit only authorized access to the Data.
Although the Company may allow to adjust privacy settings of the Customer to limit access to the Data, please be aware that no security measures are perfect or impenetrable. The Company cannot control the actions of any persons with whom the Customer may choose to share the Data. Therefore, the Company cannot and does not guarantee that the Data posted in the App will not be viewed by unauthorized persons. The Company is not responsible for circumvention of any privacy settings or security measures contained in the App. The Customer understands and acknowledges that, even after removal, copies of the posted Data may remain viewable in cached and archived pages or if other persons have copied or stored such Data.
When the Company transmits highly confidential Data (such as a credit card number or password) over the App, the Company protects it using encryption. The Company complies with Data Protection Laws.
7. RETENTION OF THE DATA
The Company will retain the Data for no longer than it is necessary for the purposes stated in the Policy, unless otherwise extending the retention period is required or permitted by law. The Data storage period may differ depending on scenario and the Services. The Company retains the Data as long as necessary to fulfil the transactions the Customer has requested, or for other legitimate purposes such as complying with legal obligations of the Company and resolving disputes, controlling and improving the performance, quality of the Services, records, ensuring the security of systems, handling possible queries, complaints and problems. Since these needs can vary for the different Data types, the context of interactions with the Customer or use of the Services, actual retention periods can vary significantly.
The Company will maintain registration of the Data as long as account of the Customer is necessary for provision of the Services. The Customer may deregister account. After the Customer deregisters account, the Company will stop providing the Services through account and delete the relevant Data, provided that deletion is not otherwise stipulated by special legal requirements.
8. STORAGE AND PROCESSING THE DATA
The Data collected by the Company may be stored and processed in the UAE, and in any other country where the Company does business, may have the Partners, or service providers operate facilities, if any. The Company maintains its major Data center in the UAE. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the Data in the event of an outage or other problem. The Company takes steps to ensure that the Data collected by the Company is processed according to the provisions of the Policy and the requirements of Data Protection Laws.
The Company may transfer the Data. When the Company engages in such transfers, the Company uses a variety of legal mechanisms to help ensure rights and protections travel with the Data. The Company complies with Data Protection Laws regarding the collection, use, and retention of the Data.
If there is any conflict between the terms in the Policy and applicable laws and regulations of the UAE Laws, the applicable laws and regulations of the UAE Laws shall prevail.
9. COLLECTION OF THE DATA FROM CHILDREN
The App is solely for customers who are 18 years of age or older. A child must not create an account and register in the App without the consent of a parent or guardian. If a child's Data is collected with prior parental consent, the Company will only use or disclose the Data as permitted by law, with the explicit consent of the child's parents or guardians, or when necessary for the protection of the child.
If the Company accidentally collect a child's Data without verified prior consent from the child's parents or guardians, the Company will attempt to delete the Data as soon as possible. The Company will not knowingly ask children under that age to provide more Data than is required to provide for the Services.
Parents or guardians can change or revoke the consent choices previously made, and review, edit, or request the deletion of the Data of the children for whom the consent or authorization was provided.
10. ADVERTISING
Advertising allows the Company to provide, support, and improve some of the Services. The Company does not use the Data in emails, documents, photos, or other personal files to target advertisements. The Company uses other information, detailed below, for advertising in the App. For example:
- The Company may use the Data to select and deliver some of the advertisements in the App;
When the advertising is enabled in the App as part of privacy settings, third parties can access and use the advertising ID (much the same way that websites can access and use a unique identifier stored in the Cookies) to select and deliver advertisements in the App;
- The Company may share the Data collected with its Partners, so that the advertisements in the App are more relevant and valuable to the Customer;
- Advertisers may choose to place Web Beacons, or use similar technologies, to allow the Company to collect the Data such as activities, purchases, and visits. The Company uses the Data to provide advertisements.
The advertisements may be selected based on the Data the Company processes about the Customer, including, without limitation, location, transactions, usage of the Services, or reviewed content. To provide personalized advertising, the Company combines the Cookies using the Data that the Company collects. If the Customer opts out of receiving personalized advertising, the Data associated with the Cookies will not be used.
Advertisers sometimes include their own Web Beacons or those of other advertising partners, within the advertisements that the Company displays, enabling to set and read own Cookies. Additionally, the Company partners with third-party advertisements companies may help provide advertising services, and the Company may also allow other third-party advertisements companies to display advertisements on the App. These third parties may place the Cookies and collect the Data about online activities across the App or the Services.
11. CHANGES TO THE POLICY
The Company may update the Policy when necessary to provide greater transparency or in response to:
- Feedback from the Customer, regulators, or industry;
- Changes in the App;
- Changes in the Data processing activities or policies.
The Company reserves the right to update the Policy at any time, effective upon posting in the App via in-app notification.
12. HOW TO CONTACT THE COMPANY
If the Customer has a privacy concern, complaint, or question, please contact the Company via email info@safefitstudios.com.
The Company shall take all the technical and organizational Data protection measures necessary to ensure compliance with the Data protection provisions of the Data Protection Laws.
The Company agrees to advise to the Customer immediately in the event of any significant interruption of the App, suspected infringements or other irregularities encountered during the processing of the Customer’s Data. The Customer is solely responsible for securing and backing up its content.
The Customer acknowledges that all intellectual property rights related to the App exclusively shall belong to the Company, and the Customer shall have no rights in or to the App other than the right to use it in accordance with the terms of the Policy.